The respondents requested that the human rights application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the allegations had been appropriately dealt with by the Employment Insurance Board of Referees.
The Board had granted the applicant EI benefits after finding he had just cause to resign, applying the statutory benefit of the doubt because the evidence of sexual harassment and discrimination was equally balanced.
The Tribunal held that the Board did not actually resolve the conflicting evidence or make a finding of fact regarding the harassment.
Furthermore, it would be unfair to preclude the application based on a prior proceeding where the applicant was successful and had no right of appeal.
The request to dismiss was denied and the application was ordered to proceed.
